The EU IAS Regulation list of species of ‘EU concern’ has been updated, which will come into effect on 2 August 2017. This is now a list of 49 plant and animal species whose potential adverse impacts across the European Union are such that concerted action across Europe is required. Himalayan Balsam Impatiens glandulifera is now on this list.
What does listing of these species mean?
Strict restrictions will apply to these species so they cannot be imported, kept, bred, transported, sold, used or exchanged, allowed to reproduce, grown or cultivated, or released into the environment.
Is it prohibited to keep them in your garden?
No, it is not prohibited if it is already in your garden. However, you must act responsibly and not allow or encourage it to grow or spread outside your garden, which could be an offence.
Must landowners remove them from their land?
No, the Regulation does not impose any obligations to remove any listed plant. However, landowners must act responsibly and not allow or encourage it to grow or spread outside your land, which could be an offence and/or contrary to the Regulation. Where this cannot be guaranteed, they are encouraged to consider safely removing and disposing of them.
Before the UK leaves the European Union are we still bound by the EU Invasive Alien Species (IAS) Regulation?
Yes we are. Following the invoking of Article 50 at the end of March 2017, there will not be any immediate changes to the operation of this Regulation. Until the UK formally leaves the EU, there is still a legal obligation to comply with EU law and all prohibitions and obligations under the EU IAS Regulation continue to apply.
Will the EU IAS Regulation be repealed when we leave the EU?
No. The European Union (Withdrawal) Bill, commonly referred to as the Repeal Bill, sets out the intention that EU law will in effect be converted into UK law, where possible, when the UK leaves the EU. Simply converting EU law into UK law will not be sufficient to ensure that there is a functioning statute book which provides certainty and continuity for individuals and businesses. The Repeal Bill will create temporary limited powers to make secondary legislation to enable changes to be made to the laws that do not operate appropriately once we have left the EU. It is expected, subject to the necessary legislation being laid, that the prohibitions under the EU IAS Regulation will continue to apply after we have left the EU.
A list of more FAQ can be read here .